Tag: custdoy

DO GRANDPARENTS HAVE A LEGAL RIGHT TO VISITATION WITH A GRANDCHILD

This Week’s Blog by Andrew M. Eliot. 

Do Grandparents Have any Legal Visitation Rights

In Connecticut, grandparents do not have any inherent or “automatic” legal rights with respect to access to or visitation with a grandchild. That said, pursuant to governing Connecticut statutes, a grandparent (and, in fact, any third-party), has the right to petition the court for visitation rights with respect to a minor child.

Under What Circumstances Will Connecticut Courts Grant Visitation Rights to a Non-Parent?

Pursuant to Connecticut General Statutes §46b-59, any person may submit a verified petition to the Superior Court for the right of visitation with any minor child. In order to succeed on such a petition, the person seeking visitation rights with a minor child must prove, by “clear and convincing evidence,” that: (i) a “parent-like relationship” exists between the petitioning party and the minor child; and (ii) that denial of visitation would cause “real and significant harm.” See C.G.S. §46b-59.

How Do Courts Assess Whether a “Parent-Like Relationship” Exists Between a Minor Child and a Non-Parent?

In assessing whether a “parent-like relationship” exists between a non-parent and a minor child, courts may consider (but are not limited to considering), the following factors:

  1. The existence and length of a relationship between the person and the minor child;
  2. The length of time that the relationship between the person and the minor child has been disrupted;
  3. The specific parent-like activities of the person seeking visitation toward the minor child;
  4. Any evidence that the person seeking visitation has unreasonably undermined the authority and discretion of the custodial parent;
  5. The significant absence of a parent from the life of a minor child;
  6. The death of one of the minor child’s parents;
  7. The physical separation of the parents of the minor child;
  8. The fitness of the person seeking visitation; and
  9. The fitness of the custodial parent.

 Is the “Parent-Like Relationship” Standard Any Different for Grandparents?

Notably, the answer to this question is “yes.” In addition to the factors enumerated above, Connecticut’s governing statute sets forth one additional consideration for assessing whether a “parent-like relationship” exists between a non-parent and a minor child that is applicable only to grandparents. Specifically, Connecticut General Statutes §46b-59(d) provides that in determining whether a parent-like relationship exists between a grandparent and a minor child, the Superior Court may consider “the history of regular contact and proof of a close and substantial relationship between the grandparent and the minor child.”

 How Do Courts Determine Whether Denial of Visitation Would Cause Real and Significant Harm?

While there is no definitive answer to this question, in situations where a petitioning party is able to establish the existence of a “parent-like relationship,” Courts typically find that the requisite harm standard is met were visitation to be denied due to the negative effects that severing such a relationship would have on a child. Stated somewhat differently, the requisite harm will generally be established where a third party who has acted as parent to the child is abruptly cut out of the child’s life.

What Will Visitation Look Like if a Non-Parent Petition is Successful?

If the Court grants visitation rights to a non-parent, the governing statute directs courts to set forth the terms and conditions of the visitation including, but not limited to, the schedule of visitation, time and place or places in which the visitation can occur, whether overnight visitation will be allowed and any other terms and conditions that the court determines are in the best interest of the minor child. Notably, in determining the best interest of the minor child, Courts are also directed by statute to consider the wishes of the minor child if such minor child is “of sufficient age and capable of forming an intelligent opinion.” See C.G.S. §46b-59(f).

Although rare, cases involving grandparent (or non-parent) visitation rights are often extremely complex and, in order to be handled properly, require a great deal of expertise and attention. At Broder & Orland LLC, we have extensive experience handling such matters and are poised to help clients achieve favorable results when such issues arise.

Why Taking Divorce Advice From Friends Can Be Dangerous

This Week’s Blog by Lauren M. Healy.

Why Taking Divorce Advice From Friends Can Be Dangerous

Scared. Lonely. Angry. Sad. Vulnerable. Just a few of the emotions that you may feel when you are going through a divorce. It is no wonder that our clients often look to friends and family, especially those who have also been divorced, to provide comfort and support during a difficult time. After all, it is friends and family who have your best interest at heart. Why, then, should your divorce attorney be cautioning you against taking such advice?

Unrealistic Expectations

Probably the most common mistake that people make when taking the advice from friends, colleagues or acquaintances about divorce is assuming that all Connecticut divorces are treated the same way. For example, if your friend who was married for the same amount of time as you received lifetime alimony in her divorce, shouldn’t you receive the same? Even the most innocuous conversations about other people’s divorces can set unreasonable or unrealistic expectations. In reality, settlement outcomes, and trial decisions for that matter, are largely fact specific. While there are particular statutes that provide criteria for a judge consider when determining alimony and property division, the actual application of that statutory criteria is different in every case. There are so many different factors that come into play that it is downright risky to assume that your case will result in the same outcome as any other case. Your attorney is the best person to advise you about how your case is likely to be resolved.

Not All Divorces Are Created Equal

It is important to work with your attorney to create a strategy for your case that is determined based on the facts and goals of your family. It is common for clients to feel pressure from outside sources, be it family, friends or other advisors, to make demands or act in a certain manner. Taking strategic advice from non-attorneys, no matter how well-meaning, can backfire because they most likely do not understand all of the intricacies involved. While it can be helpful to consider the input of outside advisors, remember that such advice might be entirely inconsistent with the facts of your case or the applicable law. Your attorney is looking at the big picture, including your needs, your goals as well as the likelihood of achieving certain outcomes. It can be extremely helpful to put these advisors in touch with your attorney, so that there can be collaboration and understanding with regard to the possible and likely resolutions of your case.

You Hired Us For A Reason. Let Us Do Our job!

You went through the process of carefully vetting your attorney and you hired us for a reason—to guide you through the legal process of divorce, and to provide you with the knowledge and power to make decisions that are best for you. Listen to us! We have particular insight, not just in the laws of the state of Connecticut, but also into the background of the Judges, court system and opposing counsel. While you may not always want to take our advice, at least make sure you understand it, before rejecting it. In the end, know that the decision will be yours, as the client.

At Broder & Orland LLC, we are sensitive to the unique facts of every case. We encourage the inclusion and participation of different support systems for our clients and will often create a team approach, along with therapists and financial professionals, in order to best achieve a positive resolution for our client.